In short: After about $150,000 was paid at a Hillsborough County Court lien foreclosure sale of property still subject to a superior mortgage, Ignacio Zelaya appealed, arguing the county court judgment should be vacated based on a pending lis pendens and limits on county court jurisdiction. The Second DCA affirmed without opinion.
The Facts
This appeal came from Hillsborough County Court, where a lien foreclosure led to a judicial sale. As described in the oral argument video, a bidder paid about $150,000 at the sale for property that was still subject to a superior mortgage, and the appellant, Ignacio Zelaya, sought to vacate the county court judgment. The appellees were BAM 32, Inc. and RE 710, LLC.
Because the court affirmed without opinion, the facts come only from the arguments. The appellant argued that a notice of lis pendens recorded in a separate circuit court mortgage foreclosure affected the county court case under section 48.23, that the county court lacked jurisdiction under section 34.01, and that a third-party purchaser had standing to raise those points. A companion appeal raising similar issues, Koch Investments Florida, LLC v. Cruz Bay Properties, Inc., No. 2D23-1762, was also affirmed without opinion on February 16, 2024.
The Decision
The Second District affirmed in a one-word per curiam decision, with Chief Judge Sleet and Judges Kelly and Lucas concurring. The county court judgment stands. Because there is no opinion, the court did not explain whether it rejected the lis pendens argument, the jurisdiction argument, the standing argument, or something else, and the decision is not precedent.
The Law
section 48.23(1)(d) says a recorded notice of lis pendens cuts off enforcement of interests and liens that were unrecorded when the notice was recorded, unless the holder intervenes within 30 days. It does not, by its terms, bar a lienholder with a recorded lien from foreclosing in a separate case. County court jurisdiction is set by section 34.01; for cases filed since January 1, 2023, county courts hear actions at law up to $50,000.
A foreclosure sale of a junior lien does not wipe out a superior mortgage. The buyer at a junior-lien sale takes the property subject to the senior mortgage, so the price paid buys only the debtor’s equity above that mortgage. Motions to vacate a judgment as void are governed by Florida Rule of Civil Procedure 1.540(b)(4).
Current law (2026): Section 34.01: county court jurisdiction is $50,000 for cases filed on or after Jan. 1, 2023. Section 48.23(1)(d) last amended 2019 (ch. 2019-67); unchanged in 2026.
Lessons
- Before bidding at any foreclosure sale, run a title search. A junior lien sale leaves senior mortgages in place.
- Arguing that a lis pendens in another case voids a county court judgment is an uphill fight; two such appeals in 2024 ended in PCAs.
- Buyer’s remorse after a sale is rarely grounds to vacate a judgment.
- Check which court is hearing a lien foreclosure and the amount at issue under section 34.01.
Source: Zelaya v. BAM 32, Inc., No. 2D2023-1905 — Fla. 2d DCA (August 28, 2024).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Lis Pendens & Standing for a Third-Party Purchaser | Zelaya v. BAM 32, 2D23-1905
Go Deeper
- Does a Recorded Memorandum of Sublease Protect a Lis Pendens? (JHMB v. Charles Bernard)
- Can a Buyer Lock Up Every Unit in a Condo With a Lis Pendens? (All Seasons v. Patrician Hotel)
- The Florida Foreclosure Sale: Timing, Redemption, Surplus Funds, and When You Have to Move
Frequently Asked Questions
Does buying at a foreclosure sale wipe out the first mortgage?
Not if the sale is a foreclosure of a junior lien, such as an HOA or other subordinate lien. The buyer takes the property subject to any superior mortgage. Only the foreclosure of the senior mortgage, with junior lienholders joined, clears the junior liens. Always check title before bidding.
What does a lis pendens do under Florida law?
Under section 48.23, a recorded notice of lis pendens warns buyers that a lawsuit affects the property. It cuts off interests and liens that were unrecorded when the notice was recorded, unless the holder intervenes within 30 days. It does not automatically freeze all other litigation about the property.
What is the county court jurisdictional limit in Florida?
Under section 34.01, county courts hear actions at law where the amount in controversy does not exceed $50,000 for cases filed on or after January 1, 2023. Larger matters and most claims involving title to real property go to circuit court, though county courts do handle many lien foreclosures.
Can a foreclosure sale buyer get the sale undone?
Only in limited situations, such as a void judgment, fraud, or irregularities in the sale, usually raised by a timely objection or a motion under Rule 1.540. Simply learning after the sale that the property carries a large senior mortgage is generally not enough.
Talk to a Florida title and property dispute lawyer
Weidner Law, P.A. handles quiet title, deed, lien and title disputes from St. Petersburg, backed by more than 25 years of title work. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
